REPRESENTATIONS AND WARRANTIES OF PHOTOLOFT AND MERGER SUB. Except as disclosed in the PhotoLoft disclosure schedule attached hereto (the "PhotoLoft Disclosure Schedule"), PhotoLoft and Merger Sub, jointly and severally, represent and warrant to EVG and the Shareholders as set forth below. The PhotoLoft Disclosure Schedule shall be arranged in sections corresponding to the specific numbered and lettered Section contained in this Agreement. Applicable information so disclosed with specificity on the PhotoLoft Disclosure Schedule shall be deemed to be disclosed under and incorporated into any other section of this ARTICLE IV relating to the same subject matter with the understanding that PhotoLoft shall use its reasonable best efforts to include such information or provide cross-references in the PhotoLoft Disclosure Schedule wherever information is called for under more than one section of this ARTICLE IV. Notwithstanding the foregoing, the mere listing by name and date of a contract, agreement or other document or the mere attachment of an agreement or other document by PhotoLoft on or to the PhotoLoft Disclosure Schedule shall not be deemed an exception to any section of this Agreement unless a specific reference and disclosure is included in the PhotoLoft Disclosure Schedule to the particular provision in such agreement or document that gives rise to the exception to any section of this Agreement. As used in this ARTICLE IV, the words "know", "knowledge", "believe", or any similar expression or phrase with respect to PhotoLoft's or Merger Sub's knowledge shall mean knowledge that the respective executive officers and directors of PhotoLoft or Merger Sub actually have or should have based on reasonable inquiry and diligence.
